National Collegiate Athletic Ass'n v. Tucker, 27
| Decision Date | 01 September 1984 |
| Docket Number | No. 27,27 |
| Citation | 476 A.2d 1160,300 Md. 156 |
| Parties | , 18 Ed. Law Rep. 332 The NATIONAL COLLEGIATE ATHLETIC ASSOCIATION v. John R. TUCKER, Jr. et al. , |
| Court | Maryland Court of Appeals |
Daniel R. Chemers, Baltimore (Peter A. Cotorceanu, Michael P. Smith and Weinberg & Green, Baltimore, and George H. Gangwere, Kansas City, Mo., of counsel, on brief), for appellant.
John H. Doud, III, Baltimore (Herbert S. Garten, Lawrence M. Garten and Fedder & Garten, P.A., on the brief), for appellees, John R. Tucker, Jr. and Walter Carswell.
Estelle A. Fishbein, Baltimore, for appellee, The Johns Hopkins university.
Argued before MURPHY, C.J., SMITH, ELDRIDGE, COLE, DAVIDSON and COUCH, JJ., and JAMES C. MORTON, Jr., Associate Judge of the Court of Special Appeals (retired), Specially Assigned.
The issue in the instant appeal is whether the issuance of an interlocutory injunction was proper. The activity that the injunction addressed, however, has passed; therefore, we hold that the instant appeal is moot.
In the Spring of 1984, John R. Tucker, Jr. and Walter Carswell, appellees, were students in their senior years at The Johns Hopkins University (hereinafter referred to as "Hopkins"). Appellees were members of Hopkins' varsity intercollegiate lacrosse team. The National Collegiate Athletic Association (hereinafter referred to as the "NCAA"), appellant, is an unincorporated association of colleges, universities, and other institutions of higher learning, that governs intercollegiate athletics. Hopkins is a member of the NCAA. The issue in the instant appeal arose over whether the student appellees had used up one of their four seasons of eligibility for intercollegiate competition by participating in Fall lacrosse scrimmages prior to transferring to Hopkins. Lacrosse played in the Fall is informal and is not considered part of the regular season but does involve competition with other schools. Appellees and Hopkins maintain that the applicable NCAA bylaws were vague and ambiguous. They understood the bylaws to count only the regular lacrosse season in the Spring towards eligibility. The NCAA maintains that its bylaws are clear and the word "season" refers to anytime during the academic year, thus Fall participation is counted against eligibility. Under appellees' view they were eligible to play lacrosse for the Spring 1984 season. However, appellant's application of the NCAA bylaws would have prohibited the appellees' participation for the Spring 1984 season. When this dispute came to light, appellees sought interlocutory injunctive relief allowing them to continue to participate in lacrosse pending final resolution of the suit.
On March 23, 1984, appellees filed a Bill of Complaint and Motion for Ex Parte Injunction in the Circuit Court for Baltimore City against both Hopkins and the NCAA. On March 28, 1984 the circuit court, after a hearing, ordered Hopkins and the NCAA to allow appellees to play lacrosse for Hopkins in the remaining games of the season. On March 29, 1984, the NCAA filed a Demurrer to the Bill of Complaint and a Motion for Ex Parte Injunction and noted an appeal from the issuance of the injunction to the Court of Special Appeals. On April 3, 1984, the NCAA filed a motion with the Court of Special Appeals for a stay of the order, advancement of the argument, and expedition of the appeal. On April 4, 1984, this Court, on its own motion, issued a Writ of Certiorari to the Court of Special Appeals. On April 5, 1984, Hopkins filed a Cross-Claim and Request for Declaratory Judgment and Injunctive Relief...
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